Supreme Court: Legal heirs of deceased plaintiff can continue suit for specific performance if cause of action survives

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Published 27 October 2026

Case: BALAKRISHNA (DEAD) THR. LRS. versus G.N. KANNIAH NAIDU (DEAD) THR. LRS. AND ANOTHER
Court: Supreme Court of India
Citation: 2026 LiveLaw (SC) 1089
Statutes: Code of Civil Procedure, 1908 — s.Order XXII Rule 3
Source: LiveLaw

Bottom Line Up Front (BLUF)

In BALAKRISHNA (DEAD) THR. LRS. versus G.N. KANNIAH NAIDU (DEAD) THR. LRS. AND ANOTHER, 2026 LiveLaw (SC) 1089, the Supreme Court held that the legal heirs of a deceased plaintiff can continue a suit for specific performance of a contract if the cause of action survives, as per Order XXII Rule 3 of the Code of Civil Procedure, 1908.

Ratio Decidendi · Legal Principle Established

The legal heirs of a deceased plaintiff are entitled to continue a suit for specific performance of a contract if the cause of action for specific performance survives the death of the original plaintiff. This is permissible under Order XXII Rule 3 of the Code of Civil Procedure, 1908.

Practice & Procedural Impact for Advocates

Advocates should ensure timely applications for substitution of legal heirs under Order XXII Rule 3 CPC when a plaintiff in a specific performance suit dies. Litigants should be aware that the death of a plaintiff does not automatically abate a suit for specific performance if the cause of action persists.

Key Legal Takeaways

1A suit for specific performance does not abate upon the death of the plaintiff.
2Legal heirs can be substituted to continue the suit.
3Order XXII Rule 3 of CPC governs the substitution of legal representatives.

The Legal Issue The core legal issue before the Supreme Court was whether a suit for specific performance of a contract abates upon the death of the plaintiff, or if the legal heirs of the deceased plaintiff can continue the suit. This question primarily involves the interpretation and application of Order XXII Rule 3 of the Code of Civil Procedure, 1908.

Court's Reasoning The Supreme Court, in BALAKRISHNA (DEAD) THR. LRS. versus G.N. KANNIAH NAIDU (DEAD) THR. LRS. AND ANOTHER, held that a suit for specific performance does not abate merely because the original plaintiff has died. The Court reasoned that the cause of action for specific performance, being a right related to property or contractual obligation, generally survives the death of the party. Consequently, the legal representatives of the deceased plaintiff are entitled to be brought on record to prosecute the suit further. The Court relied on the provisions of Order XXII Rule 3 of the Code of Civil Procedure, 1908, which deals with the procedure when a plaintiff dies and the right to sue survives.

What Follows Following this decision, if a plaintiff in a suit for specific performance dies, the legal heirs must file an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908, to be substituted as plaintiffs. The court will then allow the suit to continue with the substituted legal representatives. This ensures that the proceedings are not terminated prematurely due to the death of a party, provided the cause of action remains alive.